The documents, dated Oct. 20 and viewed by Complex, see Shotti—who was sentenced in 2019 to 15 years behind bars as part of a widely publicized federal racketeering case—citing the Criminal Justice Act (CJA) in a U.S. Court of Appeals motion for the appointment of legal counsel to “aid in presenting issues” to the court and for the court to vacate all charges “and the fatally defective superseding information.”
The CJA, it’s worth noting here, isn’t exclusive to New York State and is actually available to cite in all federal cases. In short, the CJA makes it possible for those “financially unable” to retain counsel to have counsel appointed to them. Here’s more, straight from the Administrative Office of the U.S. Courts:
“The Sixth Amendment to the United States Constitution guarantees an accused the right to representation by counsel in serious criminal prosecutions. Enacted in 1964, the CJA establishes a comprehensive system for appointing and compensating legal representation for accused persons who are financially unable to retain counsel in federal criminal proceedings.”
New documents viewed by Complex show that Shotti’s request was granted a day later on Thursday, Oct. 21 Jamesa J. Drake of Drake Law, LLC has been assigned as Shotti’s counsel.
In a financial affidavit filed in support of the request for the appointment of counsel, Shotti—in a response recorded as part of the income and assets portion of the paperwork—states that he has $1,200 in “cash on hand or money in savings or checking accounts.”
Elsewhere, Shotti confirms that he has not received income (i.e. from a business, profession, or self-employment or other forms) within the past 12 months. He also lists August 2021 as the month and year of his “last employment.”
“The petitioner’s [Shotti’s] case is complex and beyond any understanding he has of the law and its procedures,” the filing further argues. “The petitioner desperately needs the help of legal counsel to properly prepare the issues and supporting facts and laws to support each issue that will be presented before this honorable court.”
Shotti, it’s stated in the documents, has been held in isolation under pandemic restrictions that he argues interfere with his ability to research issues related to an appeal effort. He’s “sought out the help of a fellow inmate” while he prepares additional statements in anticipation of an appointed attorney.
In August, Shotti appeared on the Off the Record podcast via a prison phone and denied claims that he had skimmed money off the top when working with 6ix9ine. “There was never any need for me to steal anything from him. If I took money, I would’ve said ‘yeah, I took the money,’” he said, later adding that he forgives 6ix9ine for how he handled the case.
